Clarksville Park Carry?

[Guest ArmaDeFuego]

Its really annoying trying to find out if its ok to carry in some places.

Case in point: This weekend they are having Riverfest here in Clarksville at McGregor Park. I cant for the life of me find out if its legal to carry in McGregor Park or not. I know Clarksville opted out of park carry back in 2009 or whenever, but then I think earlier this year they decided to allow carry in parks.

I went to McGregor Park last weekend & didnt notice any signs prohibiting carry ANYWHERE. It doesnt even say "No Firearms Allowed" on any of the rules signs. It also doesnt mention any firearm rules on the website for the park. If a city does want a park to be a no carry area they still have to legally post it like anywhere else correct? So the way I see it if there are no signs anywhere in the park, & much less a legally posted sign, then I can carry there?

I wish the gun laws in TN were clearer sometimes. I hate going somewhere & not even being able to be 100% sure if I am following the law or not....

[Guest bkelm18]

Its really annoying trying to find out if its ok to carry in some places.

Case in point: This weekend they are having Riverfest here in Clarksville at McGregor Park. I cant for the life of me find out if its legal to carry in McGregor Park or not. I know Clarksville opted out of park carry back in 2009 or whenever, but then I think earlier this year they decided to allow carry in parks.

I went to McGregor Park last weekend & didnt notice any signs prohibiting carry ANYWHERE. It doesnt even say "No Firearms Allowed" on any of the rules signs. It also doesnt mention any firearm rules on the website for the park. If a city does want a park to be a no carry area they still have to legally post it like anywhere else correct? So the way I see it if there are no signs anywhere in the park, & much less a legally posted sign, then I can carry there?

I wish the gun laws in TN were clearer sometimes. I hate going somewhere & not even being able to be 100% sure if I am following the law or not....

Yes, the city still has to post the parks, however the TN Attorney General has stated in an opinion that you can still be charged if the city has opted out but has not posted the park.

[Guest ArmaDeFuego]

Yes, the city still has to post the parks, however the TN Attorney General has stated in an opinion that you can still be charged if the city has opted out but has not posted the park.

Thats just great.

So I read in a news article that Clarksville opted back out of the opt out in February 2011 for all city parks "except McGregor & Heritage." So I guess by going on this news article & an opinion by the Attorney General, its NOT ok to carry in McGregor Park.

What a load of crap. The laws REALLY need to be clearer in this area. If the law says it MUST BE legally posted then it should HAVE TO BE posted. Since when can the AG change a law when he wants to.

Did I ever tell you guys that TN has some jacked up gun laws?

[walton6467]

While I'm not excusing it in any way, as I remember it, part of the Clarksville situation has to do with SOME of the parts being partially run with some Federal monies or partially on Federal property. While I don't have all the answers, if a park were even partially Federal run, you couldn't carry.

[Guest ArmaDeFuego]

While I'm not excusing it in any way, as I remember it, part of the Clarksville situation has to do with SOME of the parts being partially run with some Federal monies or partially on Federal property. While I don't have all the answers, if a park were even partially Federal run, you couldn't carry.

Why is that? You can carry in National Parks.

[Guest bkelm18]

Thats just great.

So I read in a news article that Clarksville opted back out of the opt out in February 2011 for all city parks "except McGregor & Heritage." So I guess by going on this news article & an opinion by the Attorney General, its NOT ok to carry in McGregor Park.

What a load of crap. The laws REALLY need to be clearer in this area. If the law says it MUST BE legally posted then it should HAVE TO BE posted. Since when can the AG change a law when he wants to.

Did I ever tell you guys that TN has some jacked up gun laws?

The AG changed nothing. AG opinions carry no legal authority.

[Guest bkelm18]

Why is that? You can carry in National Parks.

I doubt your local park is ran by the NPS.

[Fallguy]

While I'm not excusing it in any way, as I remember it, part of the Clarksville situation has to do with SOME of the parts being partially run with some Federal monies or partially on Federal property. While I don't have all the answers, if a park were even partially Federal run, you couldn't carry.

Federal money doesn't make it a federal park. Also while it is illegal to carry in federal buildings it doesn't mean all federal property is off-limits. As pointed out, federal parks are legal to carry in.

[Guest ArmaDeFuego]

The AG changed nothing. AG opinions carry no legal authority.

They dont carry legal authority per se, but if a case goes to trial they are looked at......

[Northface]

Here is the link you need: City of Clarksville

Just find the name of the park you are going to.

[Guest bkelm18]

They dont carry legal authority per se, but if a case goes to trial they are looked at......

Yes you're right, but it's not set in stone. I would say in general it's a good idea to follow the opinion keeping in mind it is just that, an opinion.

[Guest ArmaDeFuego]

Here is the link you need: City of Clarksville

Just find the name of the park you are going to.

Thats the page I was talking about that doesnt say ANYTHING about carry or firearms. Unless I'm missing it. Where on that page does it say carry by a HCP holder is prohibited in McGregor Park? Nowhere that I see. I dont see firearms mentioned. Looks like you cant have a grill within 50 feet of a childrens play area or use profanity, but that doesnt help me any. I want to know if I could face jail time or a fine for exercising my right given to me by the Second Amendment of the Constitution.

Dont see that mentioned anywhere in the rules. I could call & ask but anytime you do that you inevitably get bottom of the rung city worker who would just hear the words "gun" & "park" & say "No no no of course not" but really have no idea of what the law says.

[Guest danny.larson]

They voted on this a few months ago to repeal the earlier ban on carrying in Clarksville parks. The motion was carried but some parks and city locations are still off limits. You can google it and see the ordinance and what places are specified. When I go down to McGregor (like today) I park in one of the commercial parking lots and leave my gun in the car. There is no sign posted at the entrance to the park, but I remember seeing one on the South side of McGregor before the flood... it may have just been posted for an event. Either way, I'm not testing the law on this one.

Edited September 10, 2011 by danny.larson

[Guest danny.larson]

Here is the link to the meeting with all the restricted parks listed. You'll have to scroll down to find it. They voted to repeal the existing ban which Piper forced on us after Bo blew his head off at the city council meeting.

http://www.cityofclarksville.com/calendars/attachments/Public Safety Agenda 6-15-11.pdf

A RESOLUTION REPEALING RESOLUTION 5-2009-10 RELATIVE TOHANDGUNS IN CITY OWNED OR OPERATED MUNICIPAL PARKS,RECREATION AREAS OR OTHER SIMILAR PUBLIC PLACES

WHEREAS,

the City Council finds that public safety will be enhanced by allowing anyperson authorized to carry a handgun pursuant to Tennessee CodeAnnotated Section 39-17-1351, to possess or carry any handgun whilewithin or on a public park, recreation area, or other similar public placethat is owned or operated by the City or any instrumentality thereof, asprovided by Tennessee Code Annotated Section 39-17-1311; and

WHEREAS,

RESOLUTION 5-2009-10 prohibiting handguns in city-owned oroperated municipal parks, recreation areas, or other similar public placeswas adopted by the Clarksville City Council on July 9, 2009; and

WHEREAS,

RESOLUTION 7-2009-10 repealing RESOLUTION 5-2009-10 wasdisapproved by the Clarksville City Council on August 6, 2009.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFCLARKSVILLE, TENNESSEE:

That RESOLUTION 5-2009-10, adopted by the Clarksville City Council on July 9,2009, is hereby repealed with regard to all city owned or operated parks or recreationalfacilities, with the exception of the following city owned or operated parks or recreationalfacilities, which shall continue to be governed by Resolution 5-2009-10:

1. Heritage Park

2. Liberty Park

3. McGregor Park

4. Barbara Johnson Park

5. Swan Lake Sports Complex

6. All city owned or operated swimming pools

7. All city owned or operated civic or community or recreation center buildings

8. All city operated parks or sports fields that are l

Edited September 10, 2011 by danny.larson

[Guest ArmaDeFuego]

Well looks like I wont be going to those parks anymore. Thanks for the info.

[Northface]

Compare the other parks. Some that are posted specifically state "No Firearms or weapons."

[TMF]

I run through there often and obviously don't carry when I'm doing that. It's a pretty safe park due to it's location near a main road and the fact there are constantly law enforcement in that area. I feel pretty comfortable there without a firearm, but wouldn't be caught there after dark. When there is a big event like Riverfest I don't even worry about not being able to carry because there are so many police and other law enforcement spread out that it's very safe and controlled. Not to say that something bad couldn't happen, but if I pulled my pistol out in such a scenario it's likely I'll get shot by a police officer who mistakenly identifies me as a threat.

[FlyboyLDB]

TN needs a law that does not allow towns, citie, counties, etc to pre-empt state law. This is the only way to resolve this issue. Georgia fixed this a couple of years back. In GA, one can carry in any park and they cannot pre-empt or opt out of state law. Georgiacarry.org has successfully sued several cities and counties that attempted to "opt out" and prohibit carry. I am on the boarder of GA\TN - but live in GA, so my voice with regards to TN legislation holds no water. You guys need to take your state reps & senators to lunch, call them, etc and express a desire to clarify and change this law to not allow and opt-out clause. No voice=no action.

[Oh Shoot]

TN needs a law that does not allow towns, citie, counties, etc to pre-empt state law. ...

TN already does, at least for any firearm/ammo ordinances past 4/8/86.

However, allowing cities/counties to opt out of park carry is the state law, preemption doesn't apply. They are free to go yea or nay on the matter, as per state law.

- OS

[FlyboyLDB]

I think you are splitting hairs. Regardless of how it is labeled and whether pre-empting is allowed or not , it needs to be changed - and the only way to change it is through your state legislation. It has the same effect as pre-empting.

[Guest halutz]

Here is the newer resolution/ordinance. http://www.nraila.org/legislation/state-legislation/2011/2/tennessee-clarksville-city-council-rep.aspx?s=&st=10506&ps= i'm still confused which is a no-go or go for carry.

[TMF]

Here is the newer resolution/ordinance. http://www.nraila.org/legislation/state-legislation/2011/2/tennessee-clarksville-city-council-rep.aspx?s=&st=10506&ps=]http://www.nraila.org/legislation/state-legislation/2011/2/tennessee-clarksville-city-council-rep.aspx?s=&st=10506&ps=[/url] i'm still confused which is a no-go or go for carry.

It is a no go for any parks on the list. There are more parks than just Heritage and Liberty that you can't carry in. Of course to find that information out you would have to follow the link posted or call the local PD, since there are no postings at any parks. Edited January 24, 2013 by TMF

[Guest lilmule]

Hmmm dunno bout clarksville,check your regs.

The sign at Paris Landing saying no guns does not pertain to legal carry of a leo or from a cc.

It was more or less to prevent one guy from open carry,to which now it requires a permit for either.

Wouldnt open carry in them as would draw undue att.

I frequently launch there as well as eat at the lodge,cc means concealed conceal it well no one should know.

Would it cause a problem if known surely,yet the license covers it excluded-at least here

Not excluded in normal non carry places like court house etc.

State property versus city property,I drive thru clarksville all the time and have been in those parks do not take my gun off,yet dont jog or normally stay in them.Also dont have big bulges anywhere.

Edited January 24, 2013 by lilmule

[Guest 270win]

The parks are supposed to have a big sign in conformance with state law to make carry in there a criminal offense.  It is a joke and that is why this law needs to be changed.  What is the point of having a permit when you can still be charged with a weapons offense?